RFQ ACQ-22-1547 - Vitrual Presentation Platform ServicesDJ (002)_EG Final.pdf

Virtual Presentation Platform Services

Request for Quotation

(RFQ) ACQ-22-1547

for

100% Small Business Set-Aside

NAICS 561920-Convention and Trade Show Organizers

02 June 2022

Table of Contents

1 PURPOSE AND BACKGROUND

2 DESCRIPTION OF THE WORK TO BE PERFORMED

3 DELIVERABLE SCHEDULE

4 SERVICE PRICES/COSTS

5 CONTRACT TYPE

6 PLACE OF PERFORMANCE

7 PERIOD OF PERFORMANCE

8 PLACE(S) OF DELIVERY

9 CONTRACTING OFFICER AND CONTRACTING OFFICER REPRESENTATIVE

10 INVOICING

11 INSPECTION AND ACCEPTANCE

12 SPECIAL CONTRACT REQUIREMENTS

13 TASK ORDER CLAUSES

14 LIST OF ATTACHMENTS

15 BEST VALUE DETERMINATION .................................................................................. Error! Bookmark not defined.

16 INSTRUCTIONS ................................................................................................................. Error! Bookmark not defined.

17 EVALUATION AND BASIS OF AWARD

RFQ # ACQ-22-1547

1 PURPOSE AND BACKGROUND

The United States Patent and Trademark Office (USPTO), Office of Chief Communication Officer (OCCO) has a requirement for Virtual Presentation Platform Services. The purpose of this RFQ is to solicit proposals from Small Businesses North American Industry Classification System (NAICS) 561920 contract holders in accordance with the procedures at Federal Acquisition Regulation Subpart 19.5. This RFQ is 100% set aside for small businesses. The associated NAICS code is 561920, Contractors, with a Size Standard of $12.010 Million. Only quotes, submitted by Small Businesses under NAICS 561920 - Convention and Trade Show Organizers will be accepted.

The USPTO is dedicated to providing inventors and entrepreneurs with relevant information to assist them with gaining knowledge and awareness of how to protect their brands and inventions by acquiring the appropriate intellectual property (IP) rights. Outreach and education are addressed in USPTO’s strategic goals. The focus of increasing awareness of the importance of IP includes the need to deliver information about the benefits and effective use of IP to inventors and small business owners.

2 DESCRIPTION OF THE WORK TO BE PERFORMED

The objective of this project is to provide online access to inventors about information on USPTO programs resources and services. Communicating vital information that applicants need to successfully obtain a patent or trademark is a major element of our support to independent inventors and small business owners.

The Contractor shall possess a mastery of the principles, methods, practices and techniques of running multiple virtual online programs. While there are no key personnel for this effort, the Contractor shall maintain a staff of professionals skilled in design, support, and management of multiple annual online programming projects.

The program requirements are detailed in the Attachment 1 Virtual Presentation Platform Services Statement of Work (SOW) and Program Requirement Tasks listed below

2.1 CLIN X001: Virtual Presentation Platform Services

Services under CLIN X001 will be firm fixed price.

2.1 Task 1 – Kick Off Meeting

The Contracting Officer (CO) and Contracting Officer’s Representative (COR) shall hold a remote kick off meeting / post award conference, virtually at a time determined by the COR and/or CO with the contractor’s team and other relevant agency personnel to review and clarify the contract’s objectives, expectations from the government and address any questions the contractor may have.

2.2 Task 2 – Management Plan

The contractor will need to provide a management plan for each program that will cover deadlines in accordance with each individual program for USPTO in coordination with the program timeframe provided by USPTO.

2.3 Task 3 – Training and System Use

The contractor shall provide training for the proper use of the platform for development and to assist with system management services provided by the contractor.

2.3.1 Subtask 1 – Design

The contractor should propose to USPTO a design for a custom-made program landing page for programs. The Contractor shall use USPTO instruction and guidance, that will be provided three weeks after an award is made, for appropriate use of USPTO branding. USPTO will provide appropriate USPTO branding and instruction for its use, 3-4 months prior to the program start date to be included on program web page designs. The Contractor shall use information provided by the USPTO, 3-4 months ahead of the program, about its events, programs, messaging, and services to create the agreed upon content for virtual events.

2.3.2 Subtask 2 – System Functionality

The contractor should be able to provide branding with a custom domain name, live day of program project support.

2.3.3 Subtask 3 – System Use Requirements

USPTO Office of the Chief Information Officer (OCIO) approves the use of any collaboration platform for non-sensitive communications only as long as it runs in a browser instance only and does not require a download.

The contractor virtual system should be Section 508 compliant for online users and provide virtual exhibit booths, personal agenda creation, matchmaking, data import for registration, custom domain development, concurrent session viewing, collaborative workspaces including digital collaboration tools for visual collaboration such as whiteboards, sticky notes/image upload feature, breakout rooms, the ability to record multiple sessions at the same time including within breakout rooms, virtual lobby/conference/exhibit space look and feel that allows for customization, polling, interactive engagement tools (raise hand, lower hand, coffee break, too slow, etc.), ability to insert and use our own graphics and virtual world elements if desired (created in house by USPTO graphic designers) in the virtual conference environment. Virtual backpack (virtual “swag” bag, virtual passport) feature that allows participants to obtain educational materials (e.g. documents, photos, materials) from virtual vendors that they can take with them or access once the program is over, ability to take and save notes that can be accessed or downloaded after the virtual conference/event, ability to display, play, upload videos within the virtual platform, ability to host On-Demand demand service, provide participant matchmaking.

2.4 Task 4 – Program Reporting

2.4.1 Subtask 1 – Reporting Frequency

The Contractor shall provide PDF and excel reports and raw data weekly in a report or provide access to online information for USPTO to track information, attendance and details.

2.4.2 Subtask 2 – Delivering On-Demand and video captioning

The Contractor shall manage the On-Demand hosting of programs and provide edited videos at the end of each program, within 1 week after each program completion, to include closed captioning for all online video broadcast sessions.

2.4.3 Subtask 3 – Schedule Coordination

The Contractor shall coordinate work efforts with their staff to ensure adherence to virtual program requirements and agreed upon production schedule of the program requirements.

2.5 Task 5 – Technical Requirements

2.5.1 Subtask 1 – Design Drafts

The Contractor shall provide drafts of all program designs for approval of virtual formats, designs and text prior to posting (2-4 Months prior to each program).

2.5.2 Subtask 2 – Content Consistency

The Contractor shall, in collaboration with USPTO, discuss the Contractor changes to enhance technical accuracy, clarity of information and consistency of data or information.

2.7 Task 7 – After Action Reporting

The contractor shall provide, after each program, information on any technical issues or complications that may occur during a program

3 DELIVERABLE SCHEDULE

The following schedule of milestones will be used by the appointed COR to monitor timely progress under this Order. All references to days are workdays.

SOW

Section Deliverable Due Date Delivery Method

2.1 Kick Off Meeting Within two weeks of

award

Virtual remote meeting with

CO/COR

2.2 Management Plan Within two weeks of

award Electronic to COR

2.3 Training and System

Use

Within three weeks of award

Virtual Training with OIO Staff

2.3.1 Design 2-4 months prior to each

program Electronic to COR

2.4.1 Reporting Frequency

Weekly reports to be provided for each program from the start to finish of each specific program

Electronic to COR

2.4.2 Deliver On-Demand

and video captioning

1 week after each program completion Electronic to COR

2.4.3 Schedule Coordination 2-4.5 months prior to

program Electronic to COR

2.5.1 Design Drafts

2-4 Months prior to each program Electronic to POC

4 SERVICE PRICES/COSTS

Please complete the price tables below for each of the performance periods under the contract.Vendors are strongly encouraged to provide additional discounts and price deductions, including GSA discounted rates, if listed on a Federal Supply Schedule (FSS).

Base Period: July 15, 2022 – July 14, 2023

CLIN Description Unit Quantity

(Estimate) Unit Price Total Price

Virtual Presentation Platform Services

LOT 1

Total Base

Year

Option Period 1: July 15, 2023 – July 14, 2024

(Estimate) Unit Price Total Price

Virtual Presentation Platform

Total Opt Year 1

Option Period 2: July 15, 2024 – July 14, 2025

(Estimate) Unit Price Total Price

Virtual Presentation Platform

Year 2

Option Period 3: July 15, 2025 – July 14, 2026

(Estimate) Unit Price Total Price

Virtual Presentation Platform

Year 3

Option Period 4: July 15, 2026 – July 14, 2027

(Estimate) Unit Price Total Price

Virtual Presentation Platform

Year 4

Total Contract Value With Options $

5 CONTRACT TYPE

The USPTO anticipates award of a purchase order firm fixed price best value to one capable and responsible small business holder. The anticipated award will have a one-year base period and four one-year option periods.

6 PLACE OF PERFORMANCE

The primary place of performance is at the contractor’s site

7 PERIOD OF PERFORMANCE

The Period of Performance for this award consists of a 12-month Base period, and four 12-month options, beginning from the date of award.

Beginning End

Base Period July 15, 2022 July 14, 2023

Option Period 1 July 15, 2023 July 14, 2024

Option Period 2

July 15, 2024 July 14, 2025

Option Period 3 July 15, 2025 July 14, 2026

Option Period 4 July 15, 2026 July 14, 2027

8 PLACE(S) OF DELIVERY

Originals of all deliverables and correspondence shall be delivered to the USPTO COR identified in Section 9.

9 CONTRACTING OFFICER AND CONTRACTING OFFICER REPRESENTATIVE

The Contracting Officer (CO) for this Purchase Order is:

Emalee Gawrelski Contracting Officer Office of Procurement US Patent and Trademark Office 600 Dulany Street Alexandria, VA 22314

(571) 270- 7105 Emalee Gawrelski@uspto.gov

The Contract Specialist (CS) for this Purchase Order is:

Dennis Jolliffe Contract Specialist Office of Procurement US Patent and Trademark Office 600 Dulany Street Alexandria, VA 22314

(571) 272-5976

Dennis.Jolliffe@uspto.gov

The Contracting Officer Representative (COR) for this Purchase Order is:

Mary Anderson Office of Chief Communication Officer US Patent and Trademark Office 600 Dulany Street Alexandria, VA 22314

(571) 272-4132 mary.anderson@uspto.gov

10 INVOICING

Invoices shall be submitted to USPTO Vendor Portal in accordance with the clause PTO-37, USPTO Invoices, Vendor Portal (see Section 13).

11 INSPECTION AND ACCEPTANCE

All deliverables detailed in the Statement of Work shall be submitted to the above COR for inspection and acceptance.

12 SPECIAL CONTRACT REQUIREMENTS

Constraints The platform will need to work with existing streaming services used by USPTO. Those used are WebEx, Microsoft Teams, and Vbrick.

Key Personnel N/A

Operating Hours and Government Closures Operating hours consist of an eight-hour daily work schedule, which begin no earlier than 0600 and no later than 1800 Monday through Friday. Exceptions include federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. Normal business hours may be adjusted to support mailto:Dennis.Jolliffe@uspto.gov mailto:mary.anderson@uspto.gov after hours and weekend work. USPTO observes the federal holidays as found and updated currently on the OPM website:

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

Training

The government will provide the contractor with appropriate training as directed by the government and for government-unique systems. The contractor is responsible for and shall ensure staff are properly trained and hold the appropriate credentials as required for the services being performed.

Government Furnished Property and Equipment (GFP/GFE)

The Contractor maintains an inventory accounting system for Government Furnished Equipment (GFE), Government Furnished Software (GFS), and other Government Furnished Tools. The Contractor shall provide the COR with the information necessary to manage GFE under this task order. All Government Property should be maintained per FAR 52.245-1.

The Contractor must return such property in the condition in which it was received, except for reasonable wear and tear and except to the extent that such property has been incorporated in material delivered under this order or has been consumed in normal performance of this order.

Subcontractors shall comply with the provisions of FAR Part 45.

Government property assignment to the contractor will be in the USPTO Asset Tracking Software System. A list of GFE assigned to the contractor will be provided as part of USPTO inventory verification procedures. The contractor must verify the GFE/GFS in the monthly or quarterly property custodian certification reports.

The Government will provide, the equipment, supplies, and services specified as Government Furnished Property (GFP) in this contract. Government property shall be used only in the performance of the functions and task required in this contract. The following will be provided:

Remote

The laptop, PIV and/or FOB can be transported for remote work.

All GFE issued will be tracked and accounted for by the contractor.

The Government will provide the equipment and services to give network access to systems supported under this task and to contract staff requiring access to the USPTO network. The contract staff are subject to all ongoing USPTO rules and regulations.

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

13 PROVISIONS/CLAUSES

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/

(End of clause)

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018)

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Oct 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

https://www.acquisition.gov/far/

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and

10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209–9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the

Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X (29)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

X (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C.

793).

__ (ii) Alternate I (July 2014) of 52.222-36.

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off -the- shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) __ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

__ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months (months).

(End of Clause)

52.233-4 Protest after Award (Aug 1996)

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stop-page. Upon receipt of the final decision in the protest, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

https://www.acquisition.gov/far/33.101#FAR_33_101 https://www.acquisition.gov/far/33.102#FAR_33_102

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government’s rights to terminate this contract at any time are not affected by action taken under this clause.

(f) If, as the result of the Contractor’s intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs.

In addition to any other remedy available, and pursuant to the requirements of subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.

(End of Clause)

PTO-06 Prohibition on Contractor Endorsements (APR 2017) Contractors shall not refer to this or any other contract between itself and the USPTO in advertisements, press releases, or other forms of endorsement in such a manner that states or implies the Federal Government sanctions, prefers, or considers the products and services provided by the Contractor superior to those of other vendors without the express written consent of the Contracting Officer.

https://www.acquisition.gov/far/33.102#FAR_33_102 https://www.acquisition.gov/far/33.104#FAR_33_104 https://www.acquisition.gov/far/subpart-32.6#FAR_Subpart_32_6

Forms of endorsement containing such statements or implications shall be submitted to the Contracting Officer for preliminary review prior to any publication in order to ensure compliance with this clause. Upon receipt the Contracting Officer will relay the request to the Office of the Chief Communications Officer for final USPTO approval. Dissemination as described above will only be permitted with the express written consent of both the Contracting Officer and the Office of the Chief Communication Officer

PTO-17 Contractor FOIA Requirement (FEB 2017)

Within fourteen (14) calendar days of receiving the contract award, the Contractor shall, at no additional expense to the government, submit an electronic copy of the resultant contract with any proposed redactions deemed necessary by the Contractor or required by law, along with the basis for such redactions, to be forward to the USPTO FOIA Officer within the Office of General Counsel.

(End of clause)

Notice to the Government of Delays In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and the COR, in writing, giving pertinent details, provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date or any rights or remedies provided by law or under this contract.

(End of clause)

Overtime Unless otherwise provided in this contract, Contractors shall not perform overtime work under or in connection with this contract for which premium compensation is required to be paid, without specific written approval from the Contracting Officer.

PTO-37 USPTO Invoices, Vendor Portal (October 2018)

INVOICING AND PAYMENT INSTRUCTIONS

a) The Contractor shall submit their invoice using the USPTO Vendor Portal. Valid invoices must contain all of the information required in paragraph (b) below. Vendor Portal access information and training materials can be found at the following link:https://www.uspto.gov/about-us/vendor-information

b) To constitute a proper invoice, the Contractor’s invoice shall include:

1) Name and address of the business concern

2) Contractor DUNS number (or DUNS+4)

3) Invoice date and invoice number

4) Contract number [including order number and contract line item number (CLIN)]

5) Task Order (or Delivery Order) Number and Title (as applicable)

6) Taxpayer Identification Number (TIN) (if required)

7) Period covered by the invoice

8) Terms of any applicable discount(s)

9) Shipping number and date of shipment (if applicable)

10) Bill of lading number and weight of shipment (if applicable)

11) Name, title, address, and phone number of the official to whom payment is to be sent

12) Name, title, address, and phone number of person to notify in the event of a defective invoice

13) Description, quantity, unit of measure, unit price, and extended price of goods and services delivered or rendered, including:

a. Total Task Order Costs Invoiced Previously to Date: All labor categories (individually listed), hours being billed, and hourly rates, should be listed and broken down separately for the total contract prior to the current invoice.

b. Total Current Period: All labor (individually listed) categories, hours being billed, and hourly rates, should be listed and broken down separately for the period covered by the invoice. These costs should also be broken down by site, if more than one site.

c. Total Contract Costs To-Date: All labor categories (individually listed), hours being billed, and hourly rates should be listed and broken down separately for the total contract through the current invoice.

14) Electronic Funds Transfer (EFT) banking information

a. The Contractor must include EFT banking information on the invoice only if not registered with the System for Award Management.

b. If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g.

FAR 52.232-38 or FAR 52.232-34), applicable contract clause (e.g. FAR 52.232-33) or applicable agency procedures.

c. EFT banking information is not required if the Government waived the requirement to pay by EFT.15) For OCIO contracts, identify all applicable Project/Program/Activity (PPA) codes

c) The Contractor shall clearly mark its final invoice for payment as “Final Invoice for Payment.” A final invoice represents the amount remaining to be paid by the USPTO to the

Contractor for services rendered, which, once paid, will represent the final total cumulative value of the contract.

d) The Government may reject any invoice that contains billing errors, improperly billed costs, or otherwise fails to comply with any invoice or other contractual requirement. If deliverables or services are rejected for failure to conform to contract requirements, the provisions in the Prompt Payment clause (FAR 52.232#25) will apply to the acceptance of replacement deliverables or services.

e) Costs being billed for individual task orders, delivery orders, etc. shall be invoiced separately;

billing for more than one task order, delivery order, etc. per invoice is not allowed.

INVOICING/PAYMENT FREQUENCY

The Contractor shall submit invoices on a monthly basis for services rendered and deliverables furnished during the previous month, or otherwise as agreed upon.

PTO-06 Prohibition on Contractor Endorsements (Feb 2017) The Contractor shall not refer to this or any other contract between itself and the United States Patent and Trademark Office in advertisements, press releases, or other forms of endorsement in such a manner that states or implies the Federal Government sanctions, prefers, or considers the products and/or services provided by the Contractor superior to those of other vendors without the express written consent of the Contracting Officer.

PTO-19 Evaluation of Past Performance Information (Feb 2017)

a. The USPTO will review the past performance questionnaires submitted to document past performance as well as any past performance references the Offeror has indicated are available in the Past Performance and Information Retrieval System (PPIRS). Attention will be placed on reviewing the size, scope, and complexity of past performance references. The USPTO reserves the right to determine which references submitted by the Offeror are relevant to the requirements and to utilize only those references.

b. Offerors who have no relevant past performance history will not be evaluated either favorably or unfavorably on past performance.

c. Offerors submitting false past performance information will not be considered for award.

d. The Government reserves the right to use past performance information obtained from sources other than those identified by the Offeror. This past performance information will be used for the evaluation of past performance.

e. The Government does not assume the duty to search for data to cure the problems it finds in the information provided by the Offeror. The burden of providing thorough and complete past performance information remains with the Offeror.

(End of Clause)

PTO-30 Release of Residual Funds (<$100) (Apr 2016) Upon completion of the contract period of performance and receipt and payment of the final invoice, it is understood and agreed that all outstanding obligations incurred on the above-referenced contract have been satisfied. If residual funds on the contract total $100 or less, the government will automatically deobligate the residual funds without further communication with the vendor. Therefore, it is further understood and agreed that the government shall not be liable for the payment of any future invoices that may be submitted under the above-referenced contract.

Nothing in this clause is intended to limit or restrict any claim or remedy otherwise available.

PTO-31 Release of Residual Funds (>$100) (Apr 2016) If funds greater than $100 remain on this contract after completion of the contract period of performance and receipt and payment of the final invoice, the government will deobligate the remaining funds as follows:

For time and material (T&M) or labor hour (LH) awards, or awards containing T&M or LH CLINs:

It is understood and agreed that all outstanding obligations incurred on T&M or LH contract CLINs have been satisfied. Therefore, the government shall not be liable for the payment of any future invoices that may be submitted under the above referenced contract, and the government will automatically deobligate the residual funds without further communication with the vendor.

For firm-fixed price (FFP) awards, or awards containing FFP CLINs:

The government will issue a bilateral modification to authorize release of those funds. The Contractor’s signature on the modification will constitute understanding and agreement that all outstanding obligations incurred on this contract have been satisfied. The government shall not be held liable for the payment of any further invoices submitted under this contract. The Contractor will have up to 30 calendar days after issuance of the modification to sign the modification and return it. Further, failure to sign and return the modification within the stated time period shall be considered acceptance of the government’s intent to deobligate the residual funds, and releases the government from any future liability stemming from or related to this contract.

Nothing in this clause is intended to limit or restrict any claim or remedy otherwise available.

PTO-32 USPTO Green Supplies and Services Contracting (Feb 2017) The USPTO is committed to procuring environmentally friendly and energy efficient products and services meeting requirement performance and quality standards and at a reasonable price, as set forth under FAR Part 23.7 and the Commerce Acquisition Manual (CAM) 1323.70. To the maximum extent practicable, or unless otherwise required by product or service specifications, the contractor shall adhere to the USPTO “Green Requirements” which includes but is not limited to the following:

a) Recycled Content and Hard-copies

(1) Maximize the delivery and/or use of non-paper office products and supplies when practicable

(2) General-purpose office paper or packaging products delivered under contract is made of post-consumer material

(3) General-purpose ink and/or toner cartridge products include environmentally sound take-back and recycling options

(4) When hard-copy paper deliverables are required, convey double-sided.

b) Green Meetings, Conferences and Events

(1) Teleconference or conduct virtual meetings whenever possible

(2) Maximize electronic distribution of meeting materials

(3) Maximize the use of recycled, disposable and biodegradable products.

c) Energy Consumables

(1) Information Technology (IT) products, electronic devices and other energy consumable office equipment delivered under the contract conforms to the energy efficiency standards of programs such as ENERGY STAR®, Federal Energy Management Program (FEMP) and Electronic Product Environmental Assessment Tool (EPEAT), or uses minimal standby power

(2) Use practical water conservation practices or techniques whenever water consumption is used to perform a service

d) Bio-based, Non-hazardous, Non-Toxic and Less Toxic Materials

(1) Consider the use of bio-based cleaning products in the performance of janitorial services, facilities/operations management or any other service performance where bio-based materials are appropriate

(2) Use non-hazardous or bio-based chemicals and processes in the performance of equipment maintenance

(3) Consider the use of non-toxic and less toxic alternatives under the performance of this contract

PTO-33 USPTO Personal Identity Verification Card Requirements for Contractors (Nov 2017)

The USPTO is committed to maintaining secure access to its information technology (IT) systems through the use of Personal Identity Verification (PIV) Cards as set forth in Homeland Security Presidential Directive 12 (HSPD-12) and Department of Commerce Federal Information Processing Standards and Special Publications. Contractors with an expected service period of 180 day or more, requiring access to PTONet, and who require access to PTO facilities or use PTO equipment, will be required to obtain PIV cards. Within three (3) business days of the beginning of the period of performance, Contractors requiring a PIV shall provide the following information to the Contracting Officer’s Representative (COR):

(1) Display Name [Last Name, First Name (Name of Employer)]

(2) First Name (Note*this must be spelled identically to how it was provided in their security information)

(3) Last Name (Note*this must be spelled identically to how it was provided in their security information)

(4) Suffix

(5) Date of Birth

(6) USPTO Email Address

(7) Employee Affiliation

(8) Log-On-ID

(9) Citizenship Code

(10) Employee ID

The Contractor shall provide any additional information, as requested by the COR, determined to be necessary for issuance of a PIV Card.

(End of Clause)

1352.201-70 Contracting Officer's Authority

(Incorporated by reference)

1352.201-72 Contracting Officer's Representative (COR). (APR 2010)

(a) TBD at award is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: Phone Number: TBD and E-mail: TBD

(b) The responsibilities and limitations of the COR are as…